Florida Trust Litigation involves disputes between beneficiaries or potential beneficiaries of assets in ones estate or trusts (a Trust Contest). Trust litigation in Florida is most often centered around Mistakes in Execution, Undue Influence, or Lack of Capacity.
If you feel that there are problems with a Florida Trust and would like your options reviewed by a Florida Trust Litigation Lawyer, please Contact Florida Trust Attorney
Florida Will Litigation involves disputes between beneficiaries or potential beneficiaries of assets in ones estate or trusts (a Will Contest). Trust litigation in Florida is most often centered around Mistakes in Execution, Undue Influence, or Lack of Capacity.
If you feel that there are problems with a Florida Will and would like your options reviewed by a Florida Will Contest Lawyer, please Contact Florida Will Litigation Attorney
In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court stated to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. Because courts have found that a confidential relationship exists in most relationships, the real issue comes down to active procurement of the gift. Recently Patrick Lannon wrote a summary of case law on the topic for the Florida Bar journal. Carpenter gives a list of seven factors of active procurement of a will, the:
1) presence of the beneficiary at the execution of the will;
2) presence of the beneficiary on those occasions when the testator expressed a desire to make a will;
3) recommendation by the beneficiary of an attorney to draw the will;
Only five weeks before his death Leonard R. Brener made a change to his will. He decided to change his beneficiaries form four local charities to his niece and her husband who took care of him while he was dying.
The non-profits were stunned and file a suit to battle over the money. The case took more than five years that the state appeals court recently ruled that Brener was mentally competent and his decision to leave the money to his family should stand.
The charities tried to argue that his change was unnatural because it would trigger significant estate taxes which he had previously stated he wanted to avoid.
Florida Estate Planning Lawyers in Jacksonville Florida. Jacksonville is located in Duval County. Jacksonville is the largest city in the state of Florida and the largest contiguous city in the United States. Jacksonville is located about 25 miles south of Georgia. Jacksonville is in the First Coast region of north east Florida and the St. johns River runs through the center of the city. In 1822 Jacksonville was renamed after Andrew Jackson, who was the first military governor of the Florida Territory and the 7th President of the United states. Duval county is surrounded by St. Johns County, Nassau, and Clay County. The current courthouse is located on the banks of the St. Johns River and its address is.
Duval County Court House 330 East Bay Street, Room 103 Jacksonville, FL 32202 904-391-6700
The 1901 burned down the original court house pictured below.
St. Johns County Estate Planning Lawyer and St. Augustine Estate Planning Lawyer David Goldman works with clients in Northeast Florida including St. Augustine, St. Johns County, Orange Park, Clay County , and Duval County Florida. Orange Park is located in Clay County. St. Augustine has a rich history including the oldest school house. St. Johns County borders Duval County which is where Jacksonville Fl is located. Jacksonville is the largest city in the state of Florida and the largest contiguous city in the United States. Jacksonville is located about 25 miles south of Georgia. Jacksonville is in the First Coast region of north east Florida and the St. johns River runs through the center of the city. The current courthouse is located in three locations which are listed below.
St. Johns, St. Augustine County Court House
4010 Lewis Speedway St. Augustine, FL 32084 Tel: (904) 819-3600 Fax: (904) 819-3661
Florida Estate Planning Lawyer Blog